SHAHEJADKHAN MAHEBUBKHAN PATHAN versus STATE OF GUJARAT

Citation: [2012] 8 S.C.R. 1177 · Decided: 05-10-2012 · Supreme Court of India · Bench: P. SATHASIVAM · Disposal: Disposed off

Cited by 3 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

[2012] 8 S.C.R. 1177 
SHAHEJADKHAN MAHEBUBKHAN PATHAN 
A 
v. 
STATE OF GUJARAT 
(Criminal Appeal No. 1592 of 2012) 
OCTOBER 5, 2012 
[P. SATHASIVAM AND RANJAN GOGOi, JJ.] 
Narcotic Drugs and Psychotropic Substances Act, 1985 
B 
- ss. B(c), 21 and 29 - Accused-appellants convicted by 
courts below for carrying commercial quantity of brown sugar C 
(narcotic substance) and sentenced to RI for 15 years -
Prayer before Supreme Court for reduction of the sentence -
Held: The appellants were first time offenders and there was 
no past antecedent about their involvement in offence of like 
nature on earlier occasions - In view of the same, while o 
confirming the conviction of appellants, their sentence 
reduced to 10 years, the minimum prescribed sentence under 
the relevant provisions of the Act - Government Notification 
No. S0.1055 (E) dated 19.10.2001 - Sentence I Sentencing. 
Narcotic Drugs and Psychotropic Substances Act, 1985 E 
- ss. B(c), 21 and 29 - Accused-appellants convicted by 
courts below for carrying commercial quantity of brown sugar 
(narcotic substance), sentenced to RI for 15 years and 
directed to pay fine of Rs.1.5 lakh, in default, to further undergo 
RI for 3 years - Prayer before Supreme Court for modification F 
of the default sentence - Held: When default sentence is 
imposed, a person is required to undergo imprisonment either 
because he is unable to pay the amount of fine or refuses to 
pay such amount - It is the duty of the Court to keep in view 
the nature of offence, circumstances in which it was committed, 
G 
the.position of the offender and other relevant considerations 
before ordering the offender to suffer imprisonment in default 
of payment of fine - In the instant case, considering the 
circumstances, viz., the appellants are very poor and have to 
1177 
H 
1178 
SUPREME COURT REPORTS 
[2012] 8 S.C.R. 
A maintain their family, it was their first offence and if they fail 
to pay the amount of fine as per the order of the trial court, 
they have to remain in jail for a period of 3 years in addition 
to the period of substantive sentence, serious prejudice will 
be caused not only to them but also to their family members 
B who are innocent - The ends of justice would be met if it is 
ordered that in default of payment of fine of Rs.1.5 lakhs, the 
appellants are directed to undergo RI for 6 months instead 
of 3 years as ordered by the trial court and confirmed by the 
High Court - Government Notification No. SO. 1055 (E) dated 
C 19. 10.2001 - Code of Criminal Procedure, 1973 - s.30 -
Penal Code, 1860 - ss. 63 to 70 - Sentence I Sentencing -
Default sentence. 
On a tip-off, the Narcotic Cell arrested the two 
appellants allegedly for carrying 500 grams brown sugar 
D (narcotic substance). The trial court, after considering the 
Government notification No. S0.1055 (E) dated 19.10.2001 
and the provisions of the Narcotic Drugs and 
Psychotropic Substances Act, 1985, held that the quantity 
of the narcotic substance (brown sugar) fell under the 
E head "Commercial Quantity" and convicted the 
appellants under Sections B(c),-21 and 29 of the NDPS 
Act and sentenced them to suffer rigorous imprisonment 
(RI) for 15 years. Taking note of the fact that the 
appellants belong to the State of Madhya Pradesh and 
F were carrying such commercial quantity of brown sugar 
to the State of Gujarat for do'ing business, the trial court 
also imposed a fine of Rs. 1.5 lakhs each, in default, to 
further undergo RI for 3 years. The order was upheld by 
the High Court and therefore the present appeals. 
G 
H 
The appellants did not seriously challenge the 
conviction, however, prayed for reduction of sentence 
and also prayed for modification of default sentence 
awarded by the trial court and confirmed by the High 
Court. 
SHAHEJADKHAN MAHEBUBKHAN PATHAN v. 
1179 
STATE OF GUJARAT 
Disposing the appeals, the Court 
A 
HELD:1. In view of the limited relief prayed for and 
considering the relevant and acceptable materials placed 
by the prosecution in support of their case, there is no 
need to traverse the finding relating to conviction, 8 
accordingly, the same is confirmed. [Para 7] [1183-F] 
Sentence: 
2. For offences punishable under Sections 8(c), 21 
and 29 of the Narcotic Drugs and Psychotropic 
Substances Act, 1985, the minimum sentence prescribed C 
is 10 years which may extend to 20 years with fine. In the 
instant case, both the appellants are first time offenders 
and there is no past ante

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